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Appeal No. LHR‑406 of 1980, decided on 26th October, 1982.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑

‑‑‑S. 15(5)‑‑‑Suspension for indefinite period‑‑Illegal Suspension made due to workman involved in criminal case and for indefinite period‑Order of Labour Court setting aside suspension order and awarding re‑instatement with back benefits from date of suspension, in circumstances, upheld by Appellate Tribunal‑Industrial Re lations Ordinance (XXIII of 1969), Ss. 25‑A & 38(3).

Khalid Forooq for Respondent. Date of hearing : 23rd October, 1982.

In this appeal the decision, dated 26th February, 1980 passed by the learned Presiding Officer, Labour Court No. 1, Lahore whereby setting aside the order of suspension of the respondent he was directed to be re instated with back benefits has been challenged.

The ground for suspension was the pendency of a criminal case against the respondent. The suspension was for an indefinite period.

No lawyer has appeared for the appellant to argue the appeal. Court Clerk who has been authorised to appear has appeared and has made verbal request for adjournment without giving any reason. The appeal being old and no cogent ground having been given for adjournment the request has not been acceded to.

According to Standing Order 15(5) suspension can be made for the purposes of a departmental inquiry and that for 4 days at time for a total period of 28 days. It has not been shown that any departmental inquiry was started against the respondent. Apart from it since suspension could be made ap to a total period of 28 days the order of suspension for an indefinite period was illegal and was rightly struck down by the learned trial Court w. e. f. 1st June, 1979 with benefits from the said date. There is no force in the appeal which is dismissed. A. E.

Appeal dismissed.

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